Last Updated: 24 August 2025
This Terms and Conditions agreement (the "Agreement") is a legally binding contract between you ("User," "you," or "your") and MotzaBox Pty Ltd (ACN [Insert ACN]) ("Company," "we," "us," or "our"), a corporation registered in Australia.
This Agreement governs your access to and use of the MotzaBox website located at https://motzabox.com, any subdomains thereof, and any associated mobile applications, application programming interfaces, content, functionality, and services (collectively, the "Platform").
By accessing, browsing, registering for an account, or otherwise utilizing the Platform in any manner, you:
IF YOU DO NOT UNCONDITIONALLY ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT IN THEIR ENTIRETY, YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND MUST DISCONTINUE USE IMMEDIATELY. YOUR CONTINUED USE OF THE PLATFORM FOLLOWING THE POSTING OF ANY REVISIONS TO THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH REVISIONS.
3.1. Role of the Company. The Company operates solely as an intermediary technology service provider. We provide an electronic venue and a set of tools that enable Users to connect, communicate, and transact. The Company is not an auctioneer, merchant, carrier, broker, insurer, or agent for any User, whether acting as a Buyer or a Seller. The Company is not a party to the contract of sale formed between the Buyer and Seller. The formation of the sales contract is directly between the Buyer and Seller, who are the sole principals to that agreement.
3.2. No Warranty or Endorsement. The Company does not endorse, warrant, or guarantee the quality, safety, morality, legality, authenticity, or accuracy of any Item listed on the Platform. The Company does not verify the identity of Users, nor does it control or assume any responsibility for the actions or omissions of any User. All transactions, including the arrangement for pickup, are undertaken at the User's own risk.
3.3. Limited Payment Collection Agent. For the sole purpose of facilitating donations, the Seller, by making a Donation Election, hereby appoints the Company as their limited payment collection agent, with the authority to receive the Proceeds from the Buyer, deduct the Platform Fee, and disburse the Net Donation Proceeds to the designated Beneficiary. This appointment is limited strictly to these actions and does not create an agency relationship for any other purpose.
4.1. Account Registration. As a condition to using certain aspects of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to promptly update such information to maintain its accuracy and completeness at all times.
4.2. Account Security. You are solely and entirely responsible for maintaining the confidentiality of your account credentials (username and password). You are further solely and entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4.3. User Representations and Warranties. By using the Platform, you represent, warrant, and covenant that:
5.1. Seller’s Irrevocable Instruction. By making a Donation Election for a listed Item, the Seller hereby irrevocably instructs, authorizes, and appoints the Company as its limited payment collection agent for the sole purpose of: (i) accepting the Proceeds from the Buyer; (ii) deducting the Platform Fee as compensation for Services; and (iii) remitting the Net Donation Proceeds to the nominated Beneficiary. This action constitutes a donation from the Seller to the Beneficiary, which the Company facilitates on the Seller's behalf.
5.2. Acknowledgment of Fee Structure. The Seller expressly acknowledges, agrees, and warrants that they understand the Platform Fee of fifteen percent (15%) of the Proceeds shall be retained by the Company. The Seller further acknowledges that the Beneficiary shall receive the Net Donation Proceeds, constituting eighty-five percent (85%) of the Proceeds, and that this is the entirety of the donation amount.
5.3. Tax Receipts and DGR Status.
6.1. Formation of Contract of Sale. A legally binding contract of sale between a Buyer and Seller is formed on the Platform when the Buyer's offer to purchase an Item is accepted by the Seller via the Platform's designated functionality (e.g., the Seller confirms the sale).
6.2. Payment Processing. The Buyer agrees to pay the full Proceeds through the Platform's designated third-party payment processor. The Buyer authorizes the Company to instruct the payment processor to charge the provided payment method for the total amount due.
6.3. Pickup-Only Policy; Explicit Disclaimer of Shipping.
6.4. Transfer of Title and Risk. Title to and risk in the Item passes from the Seller to the Buyer only upon the Buyer's physical possession of the Item at the agreed pickup location. The Company's release of funds to the Beneficiary (or to the Seller in a non-donation sale) is contingent upon confirmation from both parties that the pickup has been successfully completed.
6.5. Buyer's Duty to Inspect. The Buyer assumes all risk and responsibility for inspecting the Item thoroughly at the time of pickup to verify its condition, authenticity, and conformity to the Seller's listing description. By taking possession of the Item, the Buyer accepts it in its "as-is" condition at that moment.
7.1. As-Is Sale. All Items are sold on an "as-is," "where-is" basis with all faults. To the fullest extent permitted by law, the Company does not provide and Sellers are deemed to have excluded all statutory, express, and implied warranties, including any warranties of merchantability, satisfactory quality, or fitness for a particular purpose.
7.2. Final Sale. Except as explicitly provided for in Section 7.3 herein, all sales are final. No returns, refunds, exchanges, or credits are permitted for reasons of Buyer's remorse, a simple change of mind, inadvertent purchase, or if the Item does not meet the Buyer's subjective expectations.
7.3. Limited Refund Remedy for Material Non-Conformity.
7.4. Release of Funds. For Transactions involving a Donation Election, the Company will release the Net Donation Proceeds to the Beneficiary upon confirmation from both parties of successful pickup, absent a timely and valid dispute raised under Section 7.3. Once funds are released to the Beneficiary, they cannot be recalled.
8.1. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM, THE SERVICES, OR ANY TRANSACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL AGGREGATE CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100) OR (B) THE TOTAL AMOUNT OF FEES THE COMPANY HAS COLLECTED FROM YOU (IF ANY) IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8.2. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to:
9.1. Governing Law and Jurisdiction. This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia sitting in Sydney.
9.2. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. The invalid provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
9.3. Force Majeure. The Company shall not be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labour, or materials.
9.4. Entire Agreement. This Agreement, together with the Privacy Policy and any other legal notices published by the Company on the Platform, constitutes the entire and exclusive agreement between you and the Company regarding the Platform and supersedes all prior oral or written understandings, agreements, representations, and warranties.
9.5. Amendments. The Company reserves the right, at its sole discretion, to amend, modify, or replace this Agreement at any time. The most current version of the Agreement will be posted on the Platform. It is your responsibility to review the Agreement periodically for changes. Your continued use of the Platform following the posting of any changes to the Agreement constitutes acceptance of those changes.
9.6. Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and void. The Company may freely assign or transfer this Agreement.
9.7. No Waiver.No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
BY ACCESSING, BROWSING, OR USING THE MOTZABOX PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY ALL ITS PROVISIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND MOTZABOX PTY LTD.
